7th Circuit Denies T-Mobile’s Interlocutory Appeal Petition, Invites ‘Further Debate’

In a surprise setback for T-Mobile, a panel of the 7th U.S. Circuit Appeals Court on Thursday denied T-Mobile’s petition for leave to file an interlocutory appeal challenging the district court’s denial of T-Mobile’s motion to dismiss the complaint of six AT&T and Verizon customers. The customers seek to vacate T-Mobile’s 2020 Sprint buy on antitrust grounds, claiming that the anticompetitive nature of the merger caused their own wireless rates to soar (docket 24-8013). In recent weeks, T-Mobile and its supporters, including CTIA, said a favorable decision in the 7th Circuit appeal would likely end the case (see 2404160038). U.S. District Judge Thomas Durkin for Northern Illinois in Chicago, in a March 27 memorandum opinion and order, granted T-Mobile’s motion to certify for interlocutory appeal to the 7th Circuit his Nov. 2 denial of T-Mobile’s motion to dismiss (see 2403280027). Durkin’s order said he believes his interpretation of the relevant standards was "the most reasonable” in denying the motion to dismiss, but acknowledged that there was plenty of room for debate. “We appreciate our district court colleague’s perspective on a legal issue that is subject to substantial disagreement, as reflected in the certification of the issue for interlocutory appeal,” said the 7th Circuit panel of Judges David Hamilton, Amy St. Eve and Candace Jackson-Akiwumi in their Thursday order. “We believe, however, that further debate of the legal issue is likely to contribute more to the development of the applicable law if both the district court and (perhaps eventually) we have actual evidence before us, rather than continuing to debate at this stage of the case the abstract sufficiency of pleadings,” said the order.